FREDERICK J. SCULLIN, Jr., Senior District Judge.
Plaintiff Lucy Patterson brought this action pursuant to the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner of Social Security (the "Commissioner"), denying her application for Disability Insurance Benefits ("DIB"). See generally Dkt. Nos. 1, 13. Currently before the Court are the parties' cross-motions for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. See Dkt. Nos. 13, 14.
Plaintiff filed an application for DIB on September 27, 2010, alleging disability dating back to June 29, 2010. See Administrative Record ("AR") at 106-10. The Commissioner denied Plaintiff's application on December 3, 2010. See id. at 69-72. Plaintiff timely filed a written request for a hearing, which was held before Administrative Law Judge Bruce S. Fein ("ALJ"). See id. at 26-34. Plaintiff was not represented at the hearing. See id. at 41. On August 15, 2011, the ALJ issued a written decision in which he made the following findings "[a]fter careful consideration of the entire record."
See AR at 28-33 (citations omitted).
The ALJ's decision became the Commissioner's final decision on June 24, 2013, when the Appeals Council of the Social Security Administration denied Plaintiff's request for review. See AR at 1-4. Plaintiff then commenced this action on July 11, 2013, filing a supporting brief on January 2, 2014. See Dkt Nos. 1, 13. Defendant filed a response brief on February 18, 2014. See Dkt. No. 14.
In support of her motion, Plaintiff advances two principal arguments. First, she argues that the ALJ erred by not finding that her bi-lateral carpal tunnel syndrome was a severe impairment. Relatedly, Plaintiff argues that the ALJ failed to seek further documentation from her treating physician concerning her bi-lateral carpal tunnel syndrome. Second, Plaintiff argues that there was not substantial evidence supporting the ALJ's finding that she can perform the full range of light work and that the ALJ improperly evaluated her credibility with respect to her subjective allegations of pain. See Dkt. No. 13, Pl.'s Br., at 3.
Absent legal error, a court will uphold the Commissioner's final determination if there is substantial evidence to support it. See 42 U.S.C. § 405(g). The Supreme Court has defined substantial evidence to mean "`more than a mere scintilla'" of evidence and "`such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Richardson v. Perales, 402 U.S. 389, 401 (1971) (quotation omitted). To be eligible for DIB, a claimant must show that she suffers from a disability within the meaning of the Act. The Act defines "disability" as an inability to engage in substantial gainful activity ("SGA") by reason of a medically determinable physical or mental impairment that can be expected to cause death or last for twelve consecutive months. See 42 U.S.C. § 1382c(a)(3)(A). To determine if a claimant has sustained a disability within the meaning of the Act, the ALJ follows a five-step process:
For this test, the burden of proof is on the claimant for the first four steps and on the Commissioner for the fifth step, if the analysis proceeds that far. See Balsamo v. Chater, 142 F.3d 75, 80 (2d Cir. 1998) (quotation omitted).
At step two of the disability analysis, the ALJ must determine whether the claimant has a severe impairment or combination of impairments. See 20 C.F.R. §§ 404.1520(c), 416.920(c). In order to be severe, an impairment or combination of impairments must "significantly limit[] your physical or mental ability to do basic work activities[.]" Id. An impairment or combination of impairments fails to meet this standard when the evidence "establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual's ability to work . . . ." Social Security Ruling ("SSR") 85-28, 1985 WL 56856, *3 (1985). During the step-two severity analysis, "evidence about the functionally limiting effects of an individual's impairment(s) must be evaluated" and "symptom-related limitations and restrictions must be considered at this step of the sequential evaluation process . .. ." SSR 96-3p, 1996 WL 374181, *2 (July 2, 1996).
In this case, Plaintiff argues that the ALJ erred by not finding that her bi-lateral carpal tunnel syndrome amounted to a severe impairment. In support of this argument, Plaintiff points to a note by her treating physician, Dr. Kim, which noted before her carpal tunnel surgery that Plaintiff "may or may not get full recovery." See Dkt. No. 13, Pl.'s Br., at 11 (quoting AR at 384). Dr. Kim's note, viewed together with Plaintiff's post-surgery complaints of numbness and tingling in her hands, she argues, show that her carpal tunnel amounted to a significant limitation on her ability to work. See id.
The ALJ found that Plaintiff's bi-lateral carpal tunnel syndrome "do[es] not cause any work-related limitations and [is] therefore, non-severe." See AR at 28. In particular, Dr. Kim cleared Plaintiff to return to work without limitations on July 25, 2011, approximately three weeks after her second of two carpal tunnel surgeries. See AR at 380. At this visit, Dr. Kim noted an absence of limitations arising from Plaintiff's carpal tunnel: "The surgical scars from endoscopic carpal tunnel release of both hands are completely benign. She has excellent thenar muscle functions. There is good distal circulation and sensation. She has full range of flexion and extension of both hands and wrists bilaterally." See id. Dr. Kim's annotations from this visit make no mention of any limitations arising from Plaintiff's carpal tunnel syndrome.
Moreover, consultative physician, Dr. Ganesh, examined Plaintiff on November 16, 2010. See AR at 313. Dr. Ganesh noted "[h]and and finger dexterity intact" and "[g]rip strength 5/5 bilaterally." See id. at 312. Additionally, Dr. Ganesh opined that there were no difficulties noted with the use of Plaintiff's hands. See id. at 313. Notably, this examination took place before Plaintiff's carpal tunnel surgeries. In light of the foregoing, the Court finds that there was substantial evidence in the record to support the ALJ's finding that Plaintiff's bilateral carpal tunnel syndrome resulted in "no more than a minimal effect" on her ability to work. SSR 85-28, 1985 WL 56856, at *3.
Between steps three and four, the ALJ must determine the claimant's residual functioning capacity ("RFC"), which is defined as "the most you can still do [in a work setting] despite your limitations." 20 C.F.R. § 416.945(a)(1); see also § 416.920(e). The RFC analysis considers "all of the relevant medical and other evidence," which includes "descriptions and observations of your limitations from your impairment(s), including limitations that result from your symptoms, such as pain, provided by you . . . ." See 20 C.F.R. § 416.945(a)(3). The claimant bears the burden of demonstrating that functional limitations preclude substantial gainful activity. See 20 C.F.R. § 404.1545(a)(3).
In part, the RFC analysis entails a finding as to the claimant's ability to perform the physical exertion requirements of work in the national economy. See 20 C.F.R. § 404.1567. As it applies to this case, the Commissioner defines "light work" as "lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing . . . ." See 20 C.F.R. § 404.1567(b).
In this case, Plaintiff advances two arguments challenging the ALJ's RFC analysis. First, Plaintiff argues that the ALJ's finding that Plaintiff can perform the full range of light work is incompatible with his finding that she cannot perform her past relevant work as an assembler and home health aide which, she argues, fall within the Commissioner's definition of light work. See Dkt. No. 13, Pl.'s Br. at 12-15. In other words, according to Plaintiff, if she is unable to perform her past relevant work, then it follows that she cannot perform the full range of light work.
Having reviewed the entire record in this matter, the parties' submissions, and the applicable law, and for the above-stated reasons, the Court hereby
Additionally, Plaintiff submitted supplemental records from Dr. Kim, in which he noted "no problem with the right hand" and "no intrinsic muscle weakness" in Plaintiff's left hand despite "marked weakness of the left thenar muscle function" on December 9, 2011. See AR 422. Dr. Kim opined that "I suspect with time her symptoms will further resolve. For that reason[,] she is to continue with normal activities . . . ." See id. The Court finds this evidence insufficient to compel a reversal of the ALJ's finding in light of the substantial evidence, noted above, upon which the ALJ relied.